Unlocking Heritage: The Evolution of the Portuguese Citizenship Application for Descendants of Portuguese Sephardic Jews

 Danielle Avidago | Immigration Consultant

In 2013, the Portuguese nationality law suffered its 6th alteration and, with it, the possibility to apply for Portuguese citizenship as a descendant of a Portuguese Sephardic Jew was born! This new kind of Portuguese citizenship application was created as a historical reparation for the Jewish population that used to reside in Portugal and was expelled from Europe in the 15th century. Now, they have the right to reconnect with part of the culture that was taken from them.

In the first version of this kind of citizenship application and in order for an applicant to be eligible to apply for Portuguese citizenship as a descendant of a Portuguese Sephardic Jew, one should:

• Be of legal age or emancipated in the eyes of the Portuguese law;
• Have not been condemned for any crime punishable with 3 years of imprisonment, according to the Portuguese law;
• Show a tradition of belonging to a Portuguese Sephardic community and Portugal; 

This last prerequisite could be proven by either language, surname, or progeny with a Portuguese Sephardic Jew. With the passing time, the Portuguese nationally law and its regulation suffered several alterations. The first amendment was enforced in 2017 and amended the article 24º-A of the Portuguese nationality regulation, adding the following requirement:

• The applicant could not be, or have been, involved with terrorist practices.

The reason for this new prerequisite, that may seem redundant as to the criminal background requirement, is because creating the possibility for a person to become (or become once again) a Portuguese citizen directly affects the national defense and homeland security of Portugal and, on a greater scale, the European Union. 

In 2022, the Portuguese government emphasized the need for the applicant to have a concrete and palpable connection with the Portuguese territory and culture. For that end, in order for an applicant for Portuguese citizenship as a descendant of a Portuguese Sephardic Jew to become a citizen, one had to demonstrate one of the following:

• The ownership of real estate or other property rights in Portugal;
• Frequent trips to Portugal.

The concern with national security also lead to an amendment still in 2022 regarding the criminal background of the applicant, that should now be as follows:

• Have not been condemned of three years or more of imprisonment, according to the Portuguese law.

The 2022 amendment to the Portuguese nationality regulation demonstrates a concern of the Portuguese government on the veracity of the documents presented by the applicants, which is practically reflected on the several mentions throughout the article 24º-A of the regulation of the documents necessary to prove the applicants' connection with the Portuguese Sephardic Jews community. 

All of those alterations reflected how each government felt about this kind of citizenship application, and all the others currently in force. That is, in fact, the reason why the Portuguese nationality law sufferers constant alterations: government shift, national defense and homeland security. 

Most recently, on April 1st, 2024 the 12th change in the Portuguese nationality law entered into force, and with it, the addition of another requirement needed to submit a successful citizenship application. The current paragraph b) of the nº 7 of the article 6º, now demands a deeper connection not only with the Portuguese Sephardic community, but with Portugal and the current Portuguese culture itself. The law now states that the applicant:

• must have resided in Portugal for at least three years, consecutive or interpolated. 

On the one hand, the 2022 and 2024 amendments with its new prerequisites to apply for Portuguese citizenship as a descendant of a Portuguese Sephardic Jew narrows down the possible eligible applicants that could acquire Portuguese citizenship. That was, in fact, to be expected considering that this kind of Portuguese citizenship application was created as a temporary historical reparation. On the other hand, it is more advantageous than applying for Portuguese citizenship for time of residence, considering that it is a minimum requirement for the applicant to have lived in Portugal for at least 5 years. 

It is worth reminding that, aside from bearing a residence permit for at least 3 years, a connection with Portugal should be proven not only by the requirements mentioned above, but also by: 

• Applying for a Portuguese fiscal number (NIF);
• Enrolling the applicant or its children in courses or activities related to the Portuguese culture and way of living;
• And others.

Those are all factors that prove exactly what the Portuguese government wants from an applicant of this kind of Portuguese citizenship: an effective and long-lasting connection with Portugal.

We emphasize that, although this kind of citizenship application requires the approval and the analyses by the Portuguese government, meaning that they have a margin of discretion to deny the attribution of Portuguese citizenship or request additional documentation, should the applicant fulfill all the legal requirements predicted, the government loses a significant part of that said discretionary power. Due to the 2006 amendment to the Portuguese nationality law, what was once a mere possibility of acquiring Portuguese citizenship, up to the “good-will” of the government, is now an inherent right of the applicant.

If, after reading this insight, you believe you fulfil the new requirements in order to be an eligible applicant to acquire Portuguese citizenship as a descendant of a Portuguese Sephardic Jew, please do not waste any time and reach us out. We have the expertise and experience to better assist you on every step of this process, taking you closer to acquiring the Portuguese nationality that is rightfully yours.